Home / Uncategorized / How to Apply for Divorce Certificate in Australia: 4 Important Steps

Blog

how to apply for divorce certificate | JMR Lawyers

How to Apply for Divorce Certificate in Australia: 4 Important Steps

If you need to apply for a divorce certificate in Australia, the process generally involves lodging a family law application with the relevant court or government authority.

In most cases, you can request a divorce order online through the Federal Circuit and Family Court of Australia (FCFCOA) if your divorce was granted after 13 February 2010.

For divorces before this date, you may need to contact the court where your divorce was processed.

Additionally, state-based registries such as NSW Service or Births, Deaths, and Marriages (BDM) offices can provide divorce certificates in specific cases.

Understanding the Divorce Certificate

A divorce certificate, also known as a Divorce Order, is an official document confirming the legal end of your marriage. This certificate is often required when you want to:

  • Remarry
  • Change your legal name
  • Update personal records
  • Provide proof of your divorce for financial or legal matters

Key takeaway: The divorce certificate is your official proof that your marriage has legally ended, and it’s commonly needed for administrative and legal purposes.

Steps to Apply for a Divorce Certificate

1. Confirm Your Divorce Details

Before you apply, you will need certain information:

  • The date and place where your divorce was granted
  • Your full name and your former partner’s name
  • Your court file number (if available)

If you don’t know these details, you can contact the Federal Circuit and Family Court of Australia or search through state-based record systems.

Key takeaway: Gathering your divorce details beforehand will help you avoid delays during the application process.

2. Apply Online via the Commonwealth Courts Portal

For divorces granted after 13 February 2010, you can request your divorce order directly from the Commonwealth Courts Portal. Follow these steps:

  • Log in to the portal or create an account if you don’t have one.
  • Select “View all files” and locate your divorce case.
  • Download the final divorce order, which serves as your divorce certificate.

The downloaded document is digitally signed and legally recognised for official purposes.

Key takeaway: The online portal offers a fast and simple way to access your divorce certificate if your divorce was processed after 2010.

3. Request a Certificate for Older Divorces

If your divorce was granted before 13 February 2010, you must contact the court where the divorce was filed. This may involve:

  • Searching court archives
  • Completing a Request for File Search form
  • Paying applicable search and processing fees

The court will guide you on how to obtain a certified copy of your divorce certificate.

Key takeaway: For older divorces, contacting the original court directly is the most effective way to secure your certificate.

4. Applying Through State-Based Registries

Some states offer additional services for obtaining proof of divorce. For example:

  • In New South Wales, you can request proof of divorce through Service NSW.
  • In Victoria, the BDM may hold divorce records in specific cases.

These options may require proof of identity and additional documentation.

Key takeaway: State-based services provide alternative methods for accessing your divorce record, especially for older cases or special circumstances.

Need a Lawyer?

Required Documents for Your Application

When applying for a divorce certificate, you may need to provide:

  • A valid photo ID (e.g., driver’s licence or passport)
  • Details of your former spouse
  • Court details if your divorce occurred before 2010
  • Proof of name change (if applicable)

Ensuring you have the correct documents will simplify your application.

Key takeaway: Preparing the required documents ahead of time can prevent delays.

Fees and Processing Time

Fees for divorce certificates vary depending on where you apply. The Commonwealth Courts Portal does not charge for reprinting your divorce order.

However, requesting older records from courts or state registries may incur a fee.

Processing times can vary:

  • Online requests are typically processed within one to two working days.
  • Older records may take several weeks if file searches are required.

Key takeaway: Understanding fees and timelines allows you to plan accordingly.

What to Do If You Lose Your Divorce Certificate

If your certificate is lost or damaged, you can request a new copy from the appropriate authority.

For post-2010 divorces, re-downloading the certificate from the Commonwealth Courts Portal is often the simplest solution.

For older records, follow the steps outlined above.

Applying for a divorce certificate doesn’t have to be stressful. By preparing your information, following the correct process, and ensuring you submit the right documents, you can secure your certificate efficiently.

Whether you’re planning to remarry, update your records, or need legal proof of your divorce, taking the right steps will help you achieve your goal smoothly.

We're here for you.

We understand how taxing legal matters can be. With a team of compassionate lawyers ready to fight for you and your family, we’re here for you. 

Contact Us Today

"*" indicates required fields

This field is for validation purposes and should be left unchanged.